tag:blogger.com,1999:blog-1608697421187043479.post2113855159671428182..comments2023-10-19T21:48:56.560-05:00Comments on meaning in history: Sullivan Asks For En Banc Review Of The Mandamusmark wauckhttp://www.blogger.com/profile/08247066866195200890noreply@blogger.comBlogger21125tag:blogger.com,1999:blog-1608697421187043479.post-61884511489420427532020-07-10T12:37:49.227-05:002020-07-10T12:37:49.227-05:00Probably very little to be read into it, beyond go...Probably very little to be read into it, beyond going the extra mile in a high profile case.<br /><br />Andrea Widburg has a very good takedown on it today, expanding on some things Chamberlain spoke about yesterday:<br /><br />https://www.americanthinker.com/blog/2020/07/flynn_judge_files_a_ridiculous_request_with_the_court_of_appeals.htmlmark wauckhttps://www.blogger.com/profile/08247066866195200890noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-59133399801688812902020-07-10T12:36:51.808-05:002020-07-10T12:36:51.808-05:00DC Circuit orders Flynn to file a response by 7/20...DC Circuit orders Flynn to file a response by 7/20.<br /><br />drive.google.com/file/d/1wLXoysTEz5xX5wJ5j5Lq2wpSe3uqD9Yl/viewBrad Crawfordhttps://www.blogger.com/profile/12279535300119367177noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-14484300020697362472020-07-10T12:27:33.977-05:002020-07-10T12:27:33.977-05:00According to the Washington Examiner, looks like t...According to the Washington Examiner, looks like the full circuit is pursuing Sullivan's circus. For the moment, they want Flynn to respond in 3900 words or less and they invite the government to do the same. Deadline is 10 days. They are staying the order to dismiss pending the disposition of the petition for hearing en banc. <br /><br />I'd be curious what we can read into a request forAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-68166381237889797382020-07-10T10:54:21.798-05:002020-07-10T10:54:21.798-05:00And sulivan is perfectly able to 'reconsider&#...And sulivan is perfectly able to 'reconsider' his strange order, on his own, without needing the DOJ or Defendant to file a motion. What a maroon.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-67230910134210796552020-07-10T08:19:39.650-05:002020-07-10T08:19:39.650-05:00Filing a motion to reconsider would have been futi...Filing a motion to reconsider would have been futile. No way Sullivan would have reconsidered. Rather, he would have badgered Powell & Flynn for having the temerity to question his judgment. JHUMhttps://www.blogger.com/profile/08165755095910184138noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-17572007931115602422020-07-10T06:58:07.312-05:002020-07-10T06:58:07.312-05:00Yes.Yes.mark wauckhttps://www.blogger.com/profile/08247066866195200890noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-71780590104029582862020-07-09T22:42:03.234-05:002020-07-09T22:42:03.234-05:00Apologies for going totally OT here, but just want...Apologies for going totally OT here, but just want to throw in a passage from Andy McCarthy's The Hill piece today re the Little Sisters of the Poor decision handed down earlier this week.<br /><br />I do so just because, however maddening McCarthy can be when he pulls his punches on government employees gone bad, he's a serious observer and analyst who is really good when he wants to be,Brad Crawfordhttps://www.blogger.com/profile/12279535300119367177noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-45409540320776677472020-07-09T22:22:09.055-05:002020-07-09T22:22:09.055-05:00There is no reason sullivan could not reconsider s...There is no reason sullivan could not reconsider sua sponte. sullivan clearly does not have to rely on defendant's counsel or the DOJ to reconsider his own 'unusual' extrajudicial rulings. <br /><br />The argument that mandamus will be sought willy-nilly is irrelevant. So what? Its expensive for defandants, and mandamus filings can easily be just ignored by the Appellate court. No Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-21547559389711658862020-07-09T21:57:45.573-05:002020-07-09T21:57:45.573-05:00I agree with both your points.I agree with both your points.mark wauckhttps://www.blogger.com/profile/08247066866195200890noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-88572052006303879842020-07-09T21:28:59.670-05:002020-07-09T21:28:59.670-05:00My other point is by Sullivan doing this he's ...My other point is by Sullivan doing this he's trying to keep General Flynn off the speaking circuit on behalf of Trump and the Deep state prior to the election. Bad form.AmericanCardiganhttps://www.blogger.com/profile/07905240590569993870noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-16005282895901124322020-07-09T21:27:51.533-05:002020-07-09T21:27:51.533-05:00Powell's efforts to leverage Mandamus was inte...Powell's efforts to leverage Mandamus was intended to say "enough is enough" on behalf of General Flynn. that guy's been put through the ringer, lost so much money, wear and tear on him and his family. She needed to expedite things and I agree with her rationale to use it even at the expense of future impact to other litigants. AmericanCardiganhttps://www.blogger.com/profile/07905240590569993870noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-90467910342286484602020-07-09T21:26:33.185-05:002020-07-09T21:26:33.185-05:00I very much doubt that Francisco's departure w...I very much doubt that Francisco's departure was 'hasty.' The end of the SCOTUS term is when the SC typically leaves, and Francisco had put in significant time.mark wauckhttps://www.blogger.com/profile/08247066866195200890noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-19995564014182529782020-07-09T21:15:28.125-05:002020-07-09T21:15:28.125-05:00Since we are all hypothesizing, I'm wondering ...Since we are all hypothesizing, I'm wondering whether the Solicitor General's failure to file his own writ of manadamus (which Sullivan's attorney has brought up twice, and Judge Wilkinson also argued in his dissent) and the lack of an adequate excuse is what led to Noel Francisco's hasty departure?Anne Shermanhttps://www.blogger.com/profile/08185349387825092563noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-31641345516477672942020-07-09T20:58:29.372-05:002020-07-09T20:58:29.372-05:00What I find interesting in Sullivan's argument...What I find interesting in Sullivan's arguments for en banc rehearing is what's not in them: he makes no argument that that the case should NOT be dismissed. Instead, he makes a series of basically procedural arguments that the granting of the Writ was premature, etc. And, as Will Chamberlain argues, the procedural arguments that the Writ grant was premature are well anticipated and EZnoreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-79696473546385769942020-07-09T20:25:42.081-05:002020-07-09T20:25:42.081-05:00How can a judge appeal a case they are not even a ...How can a judge appeal a case they are not even a party too? <br />Anonymoushttps://www.blogger.com/profile/11656932549374089899noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-65804080432216996362020-07-09T19:54:54.118-05:002020-07-09T19:54:54.118-05:00...and I would be remiss not to credit AG Barr for......and I would be remiss not to credit AG Barr for adding the needed weight with the withdrawal of charges against General Flynn. That was what ultimately strengthened Powell's position and caused Sullivan's heartache. <br /><br />Observing the political moves by AG Barr (and they are political) I would bet Durham brings forth the conspiracy allegation before summer's end. AG Barr Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-60344086455725201672020-07-09T19:51:37.531-05:002020-07-09T19:51:37.531-05:00If the Circuit refuses to go en banc, I expect Spa...If the Circuit refuses to go en banc, I expect Sparklefarts to push Sullivan, to seek the Supremes' OK for the case to get Standing. <br />If the Supremes deny that bid, or anyway rule for Flynn, expect Sullivan to (be pressed to) go public vs. the "Rayciss" Supremes.<br /><br />Part of the point of this would be, for the Dems to set the stage for the option Tschifty Mccoy wrote aNanyMousehttps://www.blogger.com/profile/14452492302514671882noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-87180846711988063602020-07-09T19:24:58.529-05:002020-07-09T19:24:58.529-05:00I mentioned a week or so ago that my rule on all t...I mentioned a week or so ago that my rule on all this is to expect all Dem-appointed judges (and CJ Roberts, too) to continue acting like loyal Resistance soldiers -- until the day comes that they don't. This has been the clear pattern all the way through, so who am I to say it won't continue?<br /><br />I hope that pattern gets broken soon, of course, with the full circuit not granting Brad Crawfordhttps://www.blogger.com/profile/12279535300119367177noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-83938583402056351152020-07-09T19:21:38.840-05:002020-07-09T19:21:38.840-05:00It will be informative as to how the entire Appeal...It will be informative as to how the entire Appeals Court responds. Credit Trump and Flynn, but mostly Powell, for exposing the rot in our judiciary. If the Appeals Court grants Sullivan's review request, the rot is deep to the core. Then the question becomes: what is the end game? What does Flynn know or represent that scares the hell out of the left? And by now, it should be crystal Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-3142332467633641242020-07-09T18:58:23.347-05:002020-07-09T18:58:23.347-05:00Sullivan's hand picking of Gleeson (who previo...Sullivan's hand picking of Gleeson (who previously was Andrew Weissmann's supervisor at the DOJ, and who's firm has represented Sally Yates) raises a question in my mind of whether that is a potential channel for outside influence on Sullivan. If Sullivan acted on information fed to him like this, and if Weissmann was a prime move of the fake charges against Flynn et al, wouldn't Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-12750640465600878342020-07-09T18:47:21.720-05:002020-07-09T18:47:21.720-05:00If the entire Court refuses to take this up, can S...If the entire Court refuses to take this up, can Sullivan appeal to the Supreme Court?LPhttps://www.blogger.com/profile/04660367290446515399noreply@blogger.com